Features
No one is talking about where Mike Burgess is. Either in a prison or jail, either in this state or out, he is serving time for 13 counts of various sexual charges. And his location is hush-hush.
As the ex-sheriff of Custer County, Burgess crossed the legal line. From one side of the law to the other, he now lives inside the world he swore to guard from outside. His non-advertised location is for his protection.
But when men and women behind the badge go bad, what happens to the community’s protection? Should citizens trust their local law enforcement? And how often does the law enforcer become the lawbreaker?
The Prosecution Rests
“The vast, vast majority of law enforcement take their duty to protect and serve very seriously,” says Rob Hudson, district attorney for Payne and Logan Counties, who has acted as prosecutor in cases against law enforcement. “Fortunately you don’t have a lot of these.”
Unfortunately, he currently has such a case with a preliminary hearing scheduled for January.
A Stillwater school resource officer, often known as an SRO, has been charged with five counts concerning lewd acts with a child and rape by instrumentation.
“It’s a very serious set of allegations. Felonies can carry up to 15 years of imprisonment and lewd molestation up to 10 to 15,” Hudson says, adding that if convicted, the officer will also be required to register as a sex offender. “I think there is an inherent risk when you have law enforcement officers at schools because you have to weigh the risk of the child’s safety versus young kids looking up to a uniformed officer.”
Hudson handled a similar case in Guthrie where the school officer entered a blind plea to the sexual allegations, receiving a year in jail and requirement to register as a sex offender.
When seeking a sentence, Hudson says the punishment must fit the crime. In terms of charges against law enforcement, sending them to prison could mean death.
“When you put (ex-law enforcement officials) inside the prison walls, it can be a very dangerous situation,” he says. “It offers a different twist as the prosecution. When dealing with law enforcement, you must make sure you’re not giving preferable treatment, but also not prosecuting them beyond the charges.”
For any judge or prosecutor, Hudson says these cases are “very disturbing.”
“I believe police officers should be held to a higher standard,” he says.
Wondering Why
“Personal integrity has a lot to do with it,” says criminologist Dr. Howard Kurtz, a professor of sociology and justice studies at Oklahoma City University, concerning police corruption. “It’s a slippery slope. They start off with all the best intentions of being the best officer, but things happen that dip away at their integrity over the years.”
He says studies of police corruption have been held as far back as the 1940s, all seeking the same answer: why do some police officers cross the line? Though no bulleted, all-encompassing answer fits, Kurtz says several issues are involved, like personal discretion and judgment.
“They can’t arrest everyone. Officers have to make a judgment of the law, and we want them to make that judgment,” says Kurtz. “What if officers stopped every person speeding during morning rush hour? Traffic would back up. There’d be congestion. So we want them to (use their best) judgment.”
However, temperance in personal judgment when it doesn’t stop within the constraints and allowances of the law can lead to a breakdown of integrity.
“Some people start thinking, ‘I can apply the law whenever I want to,’” he says, which creates in the officer a feeling of being beyond the law.
Other factors might simply be opportunity, narcissism, macho stereotypes or even the mundane reality of the job, he says.
“I did a study with a big metropolitan police department and found a large percentage said they became police officers because of wanting excitement and to fight crime,” says Kurtz. “But when you look at the activities of police officers, most are routine and kind of boring. The reality is most police work is kind of slow and steady. Not to take away from that brief time in a career when they are in a gunfight. But a lot of what they do doesn’t involve that at all.”
When you take people attracted to danger, then put them in a job of repetitious tasks, the restlessness can often lead to a desire to find something exciting, like drugs, sexual deviance and breaking the law, he explains.
On the other side of the spectrum, Kurtz says you have those who want to protect their communities to the point of surpassing the law.
“You see it on TV all the time. A cop is burdened by all the rules and regulations. If only he could cut loose, he could solve crime,” says Kurtz, who says you then fall into the trap of absolute power corrupting absolutely. “It’s because of that slippery slope. Once you start making decisions to be a little corrupt, being more corrupt is not as difficult.”
Kurtz says one way of reinforcing the fact that no one is above the law would be through civilian review boards, where officers accused of misconduct would face a board not only staffed with fellow police officers who might feel pressured to give too much leniency, but also with citizens of the community.
“They are paid for by the community and the community has the right to set the standard,” Kurtz says, who believes officers should be held to a strict moral absolute. “I see (police) in the same category as priests or clergy. And the same category we hold our presidents in. We hold them to a higher standard, whether they like it or not. To me, if you don’t come up to that standard, then you’re a bad cop.”
Teaching the Higher Standard
Ray Nash will never forget his days as a police chief in Summerville, S.C. Specifically, he’ll never forget 1989.
“We had a very tragic incident involving one of my young officers,” says Nash. “He had become involved in a ‘love triangle’, which resulted in a murder-suicide.”
In the aftermath, an officer and his girlfriend were dead, a 4-year-old girl had been traumatized by witnessing her mother’s death and a police chief was left stunned and questioning what happened.
“I found myself asking questions. The most profound of which was, ‘Did I miss something here?’ Obviously, this young officer was dealing with a lot of problems. Was there a warning sign that I missed somewhere along the way that would have allowed me to intervene and avert a tragedy?”
In seeking answers, Nash eventually formed Police Dynamics, a program of 14 character-based principles, such as authority, restoration, strongholds, relationships, expectations, discipline and leadership, that he’s taught to more than 10,000 officers and government leaders in 100 different venues, including Romania, Sierra Leone, the Moscow Police College and Oklahoma.
In August 2009, Police Dynamics taught their course during a two-day character-training event held at the Oklahoma Sheriff’s Association Conference in Oklahoma City, with plans to return to the state in March.
“We really focused on the perspective of being who you present yourself to be – that’s integrity,” says Franklin Smith, a certified trainer with Police Dynamics, who taught the course in Oklahoma. “You can’t say one thing and do another and have integrity.”
Based on character, the program reinforces personal behavioral principles to not only protect the community but also the law enforcement officer from temptations within the job.
“You cannot separate the character of the individual from the way they perform their duties,” says Smith. “Every time you have an officer cross the line, it’s always a breakdown of character. It’s not incompetence.”
The training also focuses on community involvement, on motivating the officer to engage with his citizenship and develop healthy relationships.
“The power for all effective change occurs most in relationships,” says Smith. “We view relationships as a powerful mechanism for good when used inside of authority.”
When the community trusts their law enforcement, there is a higher level of cooperation from the community and a lower level of cynicism from the police officer, Smith explained.
“Police cannot do the job by themselves,” he says. “They need support from different aspects of the community to maintain the state of protection we all desire.”
Policing Themselves
Kris Ledford sold guns. Others, he pawned. His supply came directly from the Muskogee Police Department property room where Ledford worked as an officer.
“He was stealing things from the property room, including guns. We recovered some from his house,” says Doug Horn, First Assistant United States Attorney.
Ledford had been employed with the Muskogee Police Department for approximately seven or eight years, his thievery only beginning after receiving a promotion to property collection officer, says Horn.
“He was only placed in a position of trust later in his career,” Horn says, which offered him access and opportunity – a motivator departments are seeking to constantly oversee and restrict.
“I don’t think there is one set thing present when officers do cross the line. But I think opportunity is one of them. Our office is trying to limit that opportunity,” says Sgt. Shane Tuell, Internal Affairs division of the Tulsa Police Department.
Through procedures and policies, Tuell says accountability and oversight is reinforced.
“When turning in property, we have specific policy that lets the officers know if they get any kind of property, these are the steps we want them to take,” says Tuell. “Policies are not here to restrict them but serve as an umbrella. It’s to let them know if they stay under this umbrella, they’ll be okay.”
Procedures are constantly tweaked and reviewed by TPD’s Internal Affairs to avoid reporting mistakes or police corruption, which could account for the department’s low percentage of incidents. In 2008, Internal Affairs only received one complaint out of every 1,361 citizen contacts. Mostly, Tuell says, those complaints are citizens reporting rudeness or disagreeing with an officer’s assessment.
“I don’t think the focus of IA is solely to punish officers. But if the mere existence of IA deters officers from getting into trouble, it’s very important,” says Tuell, who believes you never reach a state of complacency. “No matter how good you think you are as an agency, you can always try to find something to make better.”
Seeing The Good
“Even now, I really don’t know the answer to the question, ‘Did I miss something?’ but I do know that I will never stop asking it,” says Nash, concerning the young officer who killed himself and his girlfriend in 1989.
The character-based program of Police Dynamics fills in the moral blank when officers come to a crossroads of temptation and opportunity, while providing guidance to those “who genuinely want to improve their effectiveness.”
“I think these principles are quite universal in their application regardless of one’s religious or personal views. They are experiential in nature and resonate within the hearts of most officers who are exposed to them,” he says. “That alone accounts for the success of the program.”
Nash says the principles in Police Dynamics answers questions like, “Why do we have the highest divorce rate, alcoholism rate, domestic violence rate (one of the highest) and suicide rate of any profession? Why do we find it so difficult to build the trust-based relationships with our citizens that are so important to our crime-fighting efforts? Why does there seem to be a limit to the effectiveness of traditional police practices? What role can the police really play in reducing crime, violence, and moral decay?”
When teaching the classes, Police Dynamics certified trainer Franklin Smith says the role of authority, being under it while also enforcing it, is often the most surprising concept for officers.
“The biggest eye opening thing for folks is the Dynamic of Authority, which is that in light of our position as an authority, we must recognize we’re also under authority. As long as we realize we’re under authority, we stay protected,” Smith says. “We start with the Constitution…then the laws of the state…then policy. When we do things under authority, we operate properly.”
Lawmen on the Wrong Side-
Matthew C. Pruegert
Okay police officer
Pruegert was arrested in December 2008 by Wagoner police for DUI while in an Okay police car and wearing his gun, badge and uniform shirt. The Okay Board of Trustees voted unanimously to remove him from the police position. He pleaded guilty in October 2009 for driving a motor vehicle while under the influence of alcohol. He was fined $500 with sentencing deferred for two years.
Ed Willingham Jr.
Creek County undersheriff
In July 2007, the OSBI launched an investigation into Willingham, the then-chief investigator for the Creek County District Attorney’s office, after his wife accused him of molesting a 10-year-old girl.
He pleaded guilty in February 2009 to indecent exposure and lewd molestation, with both charges involving a child. Willingham was sentenced to three years in prison, plus 12 years of probation. He will also be required to register as a sex offender once released.
Michael Burgess
Custer County sheriff
The OSBI began investigating allegations in May 2007 of Burgess running a sex-slave operation from his jail. Initially arrested in April 2008 on 36 felony charges of forcible oral sodomy, kidnapping and rape, Burgess was found guilty in January 2009 of 13 felonies, including five counts of second-degree rape and three counts of bribery by a public official. He was acquitted of 23 other felony charges. Prosecutors alleged Burgess used his position in a drug court to sexually coerce female defendants, while his defense attorney contends the female plaintiffs were either lying or consented to sex. He was sentenced in March 2009 with 79 years in prison.
Robert Peterson
Maysville police chief
Peterson was arrested in July 2009 for a domestic dispute misdemeanor where he allegedly slapped his girlfriend during an argument outside of their apartment in Purcell. The circumstances are similar to an alleged domestic confrontation in September 2007 between himself and his girlfriend when they lived in Pauls Valley. The charge in that circumstance was later dismissed, although he pleaded guilty to assaulting a third individual. In August 2009, the Maysville Board of Trustees voted to fire Peterson from his position.
Kris Ledford
Muskogee police officer
Ledford, a property collection officer, was arrested in November 2008 after an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Muskogee police and the Defense Criminal Investigative Service concerning stolen property allegations. He pleaded guilty to the possession of stolen firearms he reportedly obtained from the Muskogee Police property room. He received a sentence of 48 months for the charge, including three years probation. He also pleaded guilty to a second charge of stolen valor where he falsely represented himself as a Purple Heart and Bronze Star recipient.
Louis Alvie “Buck” Morris
Stillwater police officer
Morris, a School Resource Officer who worked at the junior high school, was arrested in June 2009 for allegedly committing lewd acts with a 15-year-old student during a relationship that reportedly began in December 2008. He was charged with two felony counts of rape by instrumentation and three counts of lewd acts with a minor child. The preliminary hearing is scheduled for January 2010. The charges came after two separate investigations were conducted by the Stillwater Police Department and OSBI. Morris had worked as a Stillwater police officer for 17 years, a school resource officer for more than six years.
As the ex-sheriff of Custer County, Burgess crossed the legal line. From one side of the law to the other, he now lives inside the world he swore to guard from outside. His non-advertised location is for his protection.
But when men and women behind the badge go bad, what happens to the community’s protection? Should citizens trust their local law enforcement? And how often does the law enforcer become the lawbreaker?
The Prosecution Rests“The vast, vast majority of law enforcement take their duty to protect and serve very seriously,” says Rob Hudson, district attorney for Payne and Logan Counties, who has acted as prosecutor in cases against law enforcement. “Fortunately you don’t have a lot of these.”
Unfortunately, he currently has such a case with a preliminary hearing scheduled for January.
A Stillwater school resource officer, often known as an SRO, has been charged with five counts concerning lewd acts with a child and rape by instrumentation.
“It’s a very serious set of allegations. Felonies can carry up to 15 years of imprisonment and lewd molestation up to 10 to 15,” Hudson says, adding that if convicted, the officer will also be required to register as a sex offender. “I think there is an inherent risk when you have law enforcement officers at schools because you have to weigh the risk of the child’s safety versus young kids looking up to a uniformed officer.”
Hudson handled a similar case in Guthrie where the school officer entered a blind plea to the sexual allegations, receiving a year in jail and requirement to register as a sex offender.
When seeking a sentence, Hudson says the punishment must fit the crime. In terms of charges against law enforcement, sending them to prison could mean death.
“When you put (ex-law enforcement officials) inside the prison walls, it can be a very dangerous situation,” he says. “It offers a different twist as the prosecution. When dealing with law enforcement, you must make sure you’re not giving preferable treatment, but also not prosecuting them beyond the charges.”
For any judge or prosecutor, Hudson says these cases are “very disturbing.”
“I believe police officers should be held to a higher standard,” he says.
Wondering Why
“Personal integrity has a lot to do with it,” says criminologist Dr. Howard Kurtz, a professor of sociology and justice studies at Oklahoma City University, concerning police corruption. “It’s a slippery slope. They start off with all the best intentions of being the best officer, but things happen that dip away at their integrity over the years.”
He says studies of police corruption have been held as far back as the 1940s, all seeking the same answer: why do some police officers cross the line? Though no bulleted, all-encompassing answer fits, Kurtz says several issues are involved, like personal discretion and judgment.
“They can’t arrest everyone. Officers have to make a judgment of the law, and we want them to make that judgment,” says Kurtz. “What if officers stopped every person speeding during morning rush hour? Traffic would back up. There’d be congestion. So we want them to (use their best) judgment.”
However, temperance in personal judgment when it doesn’t stop within the constraints and allowances of the law can lead to a breakdown of integrity.
“Some people start thinking, ‘I can apply the law whenever I want to,’” he says, which creates in the officer a feeling of being beyond the law.
Other factors might simply be opportunity, narcissism, macho stereotypes or even the mundane reality of the job, he says.
“I did a study with a big metropolitan police department and found a large percentage said they became police officers because of wanting excitement and to fight crime,” says Kurtz. “But when you look at the activities of police officers, most are routine and kind of boring. The reality is most police work is kind of slow and steady. Not to take away from that brief time in a career when they are in a gunfight. But a lot of what they do doesn’t involve that at all.”
When you take people attracted to danger, then put them in a job of repetitious tasks, the restlessness can often lead to a desire to find something exciting, like drugs, sexual deviance and breaking the law, he explains.
On the other side of the spectrum, Kurtz says you have those who want to protect their communities to the point of surpassing the law.
“You see it on TV all the time. A cop is burdened by all the rules and regulations. If only he could cut loose, he could solve crime,” says Kurtz, who says you then fall into the trap of absolute power corrupting absolutely. “It’s because of that slippery slope. Once you start making decisions to be a little corrupt, being more corrupt is not as difficult.”
Kurtz says one way of reinforcing the fact that no one is above the law would be through civilian review boards, where officers accused of misconduct would face a board not only staffed with fellow police officers who might feel pressured to give too much leniency, but also with citizens of the community.
“They are paid for by the community and the community has the right to set the standard,” Kurtz says, who believes officers should be held to a strict moral absolute. “I see (police) in the same category as priests or clergy. And the same category we hold our presidents in. We hold them to a higher standard, whether they like it or not. To me, if you don’t come up to that standard, then you’re a bad cop.”
Teaching the Higher Standard
Ray Nash will never forget his days as a police chief in Summerville, S.C. Specifically, he’ll never forget 1989.
“We had a very tragic incident involving one of my young officers,” says Nash. “He had become involved in a ‘love triangle’, which resulted in a murder-suicide.”
In the aftermath, an officer and his girlfriend were dead, a 4-year-old girl had been traumatized by witnessing her mother’s death and a police chief was left stunned and questioning what happened.
“I found myself asking questions. The most profound of which was, ‘Did I miss something here?’ Obviously, this young officer was dealing with a lot of problems. Was there a warning sign that I missed somewhere along the way that would have allowed me to intervene and avert a tragedy?”
In seeking answers, Nash eventually formed Police Dynamics, a program of 14 character-based principles, such as authority, restoration, strongholds, relationships, expectations, discipline and leadership, that he’s taught to more than 10,000 officers and government leaders in 100 different venues, including Romania, Sierra Leone, the Moscow Police College and Oklahoma.
In August 2009, Police Dynamics taught their course during a two-day character-training event held at the Oklahoma Sheriff’s Association Conference in Oklahoma City, with plans to return to the state in March.
“We really focused on the perspective of being who you present yourself to be – that’s integrity,” says Franklin Smith, a certified trainer with Police Dynamics, who taught the course in Oklahoma. “You can’t say one thing and do another and have integrity.”
Based on character, the program reinforces personal behavioral principles to not only protect the community but also the law enforcement officer from temptations within the job.
“You cannot separate the character of the individual from the way they perform their duties,” says Smith. “Every time you have an officer cross the line, it’s always a breakdown of character. It’s not incompetence.” The training also focuses on community involvement, on motivating the officer to engage with his citizenship and develop healthy relationships.
“The power for all effective change occurs most in relationships,” says Smith. “We view relationships as a powerful mechanism for good when used inside of authority.”
When the community trusts their law enforcement, there is a higher level of cooperation from the community and a lower level of cynicism from the police officer, Smith explained.
“Police cannot do the job by themselves,” he says. “They need support from different aspects of the community to maintain the state of protection we all desire.”
Policing Themselves
Kris Ledford sold guns. Others, he pawned. His supply came directly from the Muskogee Police Department property room where Ledford worked as an officer.
“He was stealing things from the property room, including guns. We recovered some from his house,” says Doug Horn, First Assistant United States Attorney.
Ledford had been employed with the Muskogee Police Department for approximately seven or eight years, his thievery only beginning after receiving a promotion to property collection officer, says Horn.
“He was only placed in a position of trust later in his career,” Horn says, which offered him access and opportunity – a motivator departments are seeking to constantly oversee and restrict.
“I don’t think there is one set thing present when officers do cross the line. But I think opportunity is one of them. Our office is trying to limit that opportunity,” says Sgt. Shane Tuell, Internal Affairs division of the Tulsa Police Department.
Through procedures and policies, Tuell says accountability and oversight is reinforced.
“When turning in property, we have specific policy that lets the officers know if they get any kind of property, these are the steps we want them to take,” says Tuell. “Policies are not here to restrict them but serve as an umbrella. It’s to let them know if they stay under this umbrella, they’ll be okay.”
Procedures are constantly tweaked and reviewed by TPD’s Internal Affairs to avoid reporting mistakes or police corruption, which could account for the department’s low percentage of incidents. In 2008, Internal Affairs only received one complaint out of every 1,361 citizen contacts. Mostly, Tuell says, those complaints are citizens reporting rudeness or disagreeing with an officer’s assessment.
“I don’t think the focus of IA is solely to punish officers. But if the mere existence of IA deters officers from getting into trouble, it’s very important,” says Tuell, who believes you never reach a state of complacency. “No matter how good you think you are as an agency, you can always try to find something to make better.”
Seeing The Good
“Even now, I really don’t know the answer to the question, ‘Did I miss something?’ but I do know that I will never stop asking it,” says Nash, concerning the young officer who killed himself and his girlfriend in 1989.
The character-based program of Police Dynamics fills in the moral blank when officers come to a crossroads of temptation and opportunity, while providing guidance to those “who genuinely want to improve their effectiveness.”
“I think these principles are quite universal in their application regardless of one’s religious or personal views. They are experiential in nature and resonate within the hearts of most officers who are exposed to them,” he says. “That alone accounts for the success of the program.”
Nash says the principles in Police Dynamics answers questions like, “Why do we have the highest divorce rate, alcoholism rate, domestic violence rate (one of the highest) and suicide rate of any profession? Why do we find it so difficult to build the trust-based relationships with our citizens that are so important to our crime-fighting efforts? Why does there seem to be a limit to the effectiveness of traditional police practices? What role can the police really play in reducing crime, violence, and moral decay?”
When teaching the classes, Police Dynamics certified trainer Franklin Smith says the role of authority, being under it while also enforcing it, is often the most surprising concept for officers.
“The biggest eye opening thing for folks is the Dynamic of Authority, which is that in light of our position as an authority, we must recognize we’re also under authority. As long as we realize we’re under authority, we stay protected,” Smith says. “We start with the Constitution…then the laws of the state…then policy. When we do things under authority, we operate properly.”
Lawmen on the Wrong Side-
Matthew C. PruegertOkay police officer
Pruegert was arrested in December 2008 by Wagoner police for DUI while in an Okay police car and wearing his gun, badge and uniform shirt. The Okay Board of Trustees voted unanimously to remove him from the police position. He pleaded guilty in October 2009 for driving a motor vehicle while under the influence of alcohol. He was fined $500 with sentencing deferred for two years.
Ed Willingham Jr.Creek County undersheriff
In July 2007, the OSBI launched an investigation into Willingham, the then-chief investigator for the Creek County District Attorney’s office, after his wife accused him of molesting a 10-year-old girl.
He pleaded guilty in February 2009 to indecent exposure and lewd molestation, with both charges involving a child. Willingham was sentenced to three years in prison, plus 12 years of probation. He will also be required to register as a sex offender once released.
Michael BurgessCuster County sheriff
The OSBI began investigating allegations in May 2007 of Burgess running a sex-slave operation from his jail. Initially arrested in April 2008 on 36 felony charges of forcible oral sodomy, kidnapping and rape, Burgess was found guilty in January 2009 of 13 felonies, including five counts of second-degree rape and three counts of bribery by a public official. He was acquitted of 23 other felony charges. Prosecutors alleged Burgess used his position in a drug court to sexually coerce female defendants, while his defense attorney contends the female plaintiffs were either lying or consented to sex. He was sentenced in March 2009 with 79 years in prison.
Robert PetersonMaysville police chief
Peterson was arrested in July 2009 for a domestic dispute misdemeanor where he allegedly slapped his girlfriend during an argument outside of their apartment in Purcell. The circumstances are similar to an alleged domestic confrontation in September 2007 between himself and his girlfriend when they lived in Pauls Valley. The charge in that circumstance was later dismissed, although he pleaded guilty to assaulting a third individual. In August 2009, the Maysville Board of Trustees voted to fire Peterson from his position.
Kris LedfordMuskogee police officer
Ledford, a property collection officer, was arrested in November 2008 after an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Muskogee police and the Defense Criminal Investigative Service concerning stolen property allegations. He pleaded guilty to the possession of stolen firearms he reportedly obtained from the Muskogee Police property room. He received a sentence of 48 months for the charge, including three years probation. He also pleaded guilty to a second charge of stolen valor where he falsely represented himself as a Purple Heart and Bronze Star recipient.
Louis Alvie “Buck” Morris
Stillwater police officer
Morris, a School Resource Officer who worked at the junior high school, was arrested in June 2009 for allegedly committing lewd acts with a 15-year-old student during a relationship that reportedly began in December 2008. He was charged with two felony counts of rape by instrumentation and three counts of lewd acts with a minor child. The preliminary hearing is scheduled for January 2010. The charges came after two separate investigations were conducted by the Stillwater Police Department and OSBI. Morris had worked as a Stillwater police officer for 17 years, a school resource officer for more than six years.
